80_FR_17095 80 FR 17034 - Large Power Transformers From the Republic of Korea: Final Results of Antidumping Duty Administrative Review; 2012-2013

80 FR 17034 - Large Power Transformers From the Republic of Korea: Final Results of Antidumping Duty Administrative Review; 2012-2013

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 80, Issue 61 (March 31, 2015)

Page Range17034-17036
FR Document2015-07382

On September 24, 2014, the Department of Commerce (the Department) published the preliminary results of the administrative review of the antidumping duty order on large power transformers from the Republic of Korea.\1\ The review covers five producers/exporters of the subject merchandise, Hyosung Corporation (Hyosung), Hyundai Heavy Industries Co., Ltd. (Hyundai), ILJIN, ILJIN Electric Co., Ltd. (ILJIN Electric), and LSIS Co., Ltd. (LSIS). ILJIN, ILJIN Electric, and LSIS, were not selected for individual examination. The period of review (POR) is February 16, 2012, through July 31, 2013. As a result of our analysis of the comments and information received, these final results differ from the Preliminary Results. For the final weighted-average dumping margins, see the ``Final Results of Review'' section below. ---------------------------------------------------------------------------

Federal Register, Volume 80 Issue 61 (Tuesday, March 31, 2015)
[Federal Register Volume 80, Number 61 (Tuesday, March 31, 2015)]
[Notices]
[Pages 17034-17036]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-07382]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-867]


Large Power Transformers From the Republic of Korea: Final 
Results of Antidumping Duty Administrative Review; 2012-2013

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: On September 24, 2014, the Department of Commerce (the 
Department) published the preliminary results of the administrative 
review of the antidumping duty order on large power transformers from 
the Republic of Korea.\1\ The review covers five producers/exporters of 
the subject merchandise, Hyosung Corporation (Hyosung), Hyundai Heavy 
Industries Co., Ltd. (Hyundai), ILJIN, ILJIN Electric Co., Ltd. (ILJIN 
Electric), and LSIS Co., Ltd. (LSIS). ILJIN, ILJIN Electric, and LSIS, 
were not selected for individual examination. The period of review 
(POR) is February 16, 2012, through July 31, 2013. As a result of our 
analysis of the comments and information received, these final results 
differ from the Preliminary Results. For the final weighted-average 
dumping margins, see the ``Final Results of Review'' section below.
---------------------------------------------------------------------------

    \1\ See Large Power Transformers From the Republic of Korea: 
Preliminary Results of Antidumping Duty Administrative Review; 2012-
2013, 79 FR 57046 (September 24, 2014) (Preliminary Results).

---------------------------------------------------------------------------
DATES: Effective March 31, 2015.

FOR FURTHER INFORMATION CONTACT: Brian Davis (Hyosung) or David Cordell 
(Hyundai), AD/CVD Operations, Office VI, Enforcement and Compliance, 
International Trade Administration, U.S. Department of Commerce, 14th 
Street and Constitution Avenue NW., Washington, DC 20230; telephone: 
(202) 482-7924 or (202) 482-0408, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On September 24, 2014, the Department published the Preliminary 
Results. In accordance with 19 CFR 351.309(c)(1)(ii), we invited 
parties to comment on our Preliminary Results.\2\ On October 15, 2014, 
the Department issued a post-preliminary supplemental questionnaire, to 
which Hyundai

[[Page 17035]]

responded on November 3 and 12, 2014, and December 2, 2014. On December 
19, 2014, Hyosung and ABB Inc. (Petitioner) timely submitted case 
briefs.\3\ Rebuttal briefs were also timely filed by Hyosung, Hyundai, 
and Petitioner, on January 9, 2015.\4\ On January 20, 2015, the 
Department issued a memorandum extending the time period for issuing 
the final results of this administrative review from January 22, 2015 
to March 16, 2015. On March 6, 2015, the Department further extended 
the final results to March 23, 2015.\5\
---------------------------------------------------------------------------

    \2\ The Department issued the briefing schedule in a Memorandum 
to the File, dated November 3, 2014. This briefing schedule was 
later extended at the request of interested parties to December 19, 
2014 for briefs and January 9, 2015 for rebuttal briefs on all 
issues, except one.
    \3\ See Brief from Petitioner regarding Hyundai, (Petitioner 
Brief Hyundai), Brief from Petitioner regarding Hyosung (Petitioner 
Brief Hyosung) and Hyosung Brief, all dated December 19, 2014.
    \4\ See Hyosung Rebuttal Brief, Hyundai Rebuttal Brief and 
Petitioner Rebuttal Brief: All dated January 9, 2015. Petitioner 
requested an extension for rebuttal briefs to January 9, 2015 which 
the Department granted for all parties on December 8, 2014. See 
Letter to All Interested Parties dated December 8, 2014. Petitioner 
also requested a further extension for submission of the initial 
briefs, which the Department denied in its letter to all parties 
dated December 17, 2014, with the exception of one issue.
    \5\ See Memoranda to the file dated January 20, 2015 and March 
6, 2015.
---------------------------------------------------------------------------

Scope of the Order

    The scope of this order covers large liquid dielectric power 
transformers (LPTs) having a top power handling capacity greater than 
or equal to 60,000 kilovolt amperes (60 megavolt amperes), whether 
assembled or unassembled, complete or incomplete. The merchandise 
subject to the order is currently classified in the Harmonized Tariff 
Schedule of the United States at subheadings 8504.23.0040, 8504.23.0080 
and 8504.90.9540.\6\
---------------------------------------------------------------------------

    \6\ For a full description of the scope of the order, see the 
Memorandum from Gary Taverman, Associate Deputy Assistant Secretary 
for Antidumping and Countervailing Duty Operations, to Paul Piquado, 
Assistant Secretary for Enforcement and Compliance, titled ``Issues 
and Decision Memorandum for the Final Results of the Administrative 
Review of the Antidumping Duty Order on Large Power Transformers 
from the Republic of Korea; 2012-2013'' (Issues and Decision 
Memorandum), which is issued concurrent with and hereby adopted by 
this notice, and dated concurrently with this notice.
---------------------------------------------------------------------------

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
this administrative review are addressed in the Issues and Decision 
Memorandum.\7\ A list of the issues that parties raised and to which we 
responded is attached to this notice as an Appendix. The Issues and 
Decision Memorandum is a public document and is on-file electronically 
via ACCESS. ACCESS is available to registered users at http://access.trade.gov and in the Central Records Unit, Room 7046 of the main 
Department of Commerce building. In addition, a complete version of the 
Issues and Decision Memorandum can be accessed directly on the Internet 
at http://enforcement.ita.doc.gov/frn/index.html. The signed Issues and 
Decision Memorandum and the electronic version of the Issues and 
Decision Memorandum are identical in content.
---------------------------------------------------------------------------

    \7\ Id.
---------------------------------------------------------------------------

Changes Since the Preliminary Results

    Based on a review of the record and comments received from 
interested parties regarding our Preliminary Results, we recalculated 
Hyosung's and Hyundai's weighted-average dumping margins for these 
final results.
    For Hyosung, we revised our margin program by adjusting Hyosung's 
reported U.S. duty expenses for certain sales transactions. We are also 
including U.S. freight expenses that were excluded in the Preliminary 
Results and including the entered value of a unit that entered the 
United States during the POR in our calculation of the assessment rates 
for entries of LPTs during the POR.\8\
---------------------------------------------------------------------------

    \8\ See Memorandum from Brian Davis to the File, regarding 
``Analysis of Data Submitted by Hyosung Corporation in the Final 
Results of the Administrative Review of the Antidumping Duty Order 
on Large Power Transformers from the Republic of Korea; 2012-2013'' 
(Hyosung Final Analysis Memorandum), dated March 23, 2014, at 
section ``Changes from the Preliminary Results,'' for further 
information.
---------------------------------------------------------------------------

    We made some changes to our calculation programs for Hyundai with 
respect to oil and certain other expenses. We also used the latest 
revised databases for U.S. sales and the Cost of Production based on 
post-preliminary questionnaires and responses.\9\
---------------------------------------------------------------------------

    \9\ See Memorandum from David Cordell to the File, regarding 
``Analysis of Data Submitted by Hyundai Heavy Industries Co., Ltd. 
in the Final Results of the Administrative Review of the Antidumping 
Duty Order on Large Power Transformers from the Republic of Korea; 
2012-2013'' (Hyundai Final Analysis Memorandum), dated March 23, 
2014, at section ``Changes from the Preliminary Results,'' for 
further information.
---------------------------------------------------------------------------

    As a result of the aforementioned recalculations of Hyosung's and 
Hyundai's weighted-average dumping margins, the weighted-average 
dumping margin for the three non-selected companies also changed.

Final Results of the Review

    As a result of this review, the Department determines the following 
weighted-average dumping margins \10\ for the period February 16, 2012, 
through July 31, 2013, are as follows:
---------------------------------------------------------------------------

    \10\ The rate applied to the non-selected companies (i.e., 
ILJIN, ILJIN Electric, and LSIS) is a weighted-average percentage 
margin calculated based on the publicly-ranged U.S. volumes of the 
two reviewed companies with an affirmative dumping margin, for the 
period February 16, 2012, through July 31, 2013. See Memorandum to 
the File titled, ``Large Power Transformers from the Republic of 
Korea: Final Dumping Margin for Respondents Not Selected for 
Individual Examination,'' through Angelica Townshend, Program 
Manager, dated concurrently with this notice.

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                    Manufacturer/exporter                       margin
                                                               (percent)
------------------------------------------------------------------------
Hyosung Corporation.........................................        6.43
Hyundai Heavy Industries Co., Ltd...........................        9.53
ILJIN Electric Co., Ltd.....................................        8.16
ILJIN.......................................................        8.16
LSIS Co., Ltd...............................................        8.16
------------------------------------------------------------------------

Duty Assessment

    The Department shall determine and U.S. Customs and Border 
Protection (CBP) shall assess antidumping duties on all appropriate 
entries.\11\ For any individually examined respondents whose weighted-
average dumping margin is above de minimis, we calculated importer-
specific ad valorem duty assessment rates based on the ratio of the 
total amount of dumping calculated for the importer's examined sales to 
the total entered value of those same sales in accordance with 19 CFR 
351.212(b)(1). Upon issuance of the final results of this 
administrative review, if any importer-specific assessment rates 
calculated in the final results are above de minimis (i.e., at or above 
0.5 percent), the Department will issue instructions directly to CBP to 
assess antidumping duties on appropriate entries.
---------------------------------------------------------------------------

    \11\ In these final results, the Department applied the 
assessment rate calculation method adopted in Antidumping 
Proceedings: Calculation of the Weighted-Average Dumping Margin and 
Assessment Rate in Certain Antidumping Proceedings: Final 
Modification, 77 FR 8101 (February 14, 2012).
---------------------------------------------------------------------------

    To determine whether the duty assessment rates covering the period 
were de minimis, in accordance with the requirement set forth in 19 CFR 
351.106(c)(2), for each respondent we calculated importer (or 
customer)-specific ad valorem rates by aggregating the amount of 
dumping calculated for all U.S. sales to that importer or customer and 
dividing this amount by the total entered value of the sales to that 
importer (or customer). Where an importer (or customer)-specific ad 
valorem rate is greater than de minimis, and the respondent has 
reported reliable entered values, we apply the assessment rate to the 
entered value of the importer's/customer's entries during the review 
period.
    The Department clarified its ``automatic assessment'' regulation on

[[Page 17036]]

May 6, 2003.\12\ This clarification will apply to entries of subject 
merchandise during the POR produced by the respondent for which it did 
not know its merchandise was destined for the United States. In such 
instances, we will instruct CBP to liquidate unreviewed entries at the 
all-others rate if there is no rate for the intermediate company(ies) 
involved in the transaction. For a full discussion of this 
clarification, see the Automatic Assessment Clarification.
---------------------------------------------------------------------------

    \12\ See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003) 
(Automatic Assessment Clarification).
---------------------------------------------------------------------------

    We intend to issue assessment instructions directly to CBP 15 days 
after publication of the final results of this review.

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of this notice for all shipments of subject merchandise 
entered, or withdrawn from warehouse, for consumption on or after the 
publication of these final results, as provided by section 751(a)(2) of 
the Act: (1) The cash deposit rate for respondents noted above will be 
the rate established in the final results of this administrative 
review; (2) for merchandise exported by manufacturers or exporters not 
covered in this administrative review but covered in a prior segment of 
the proceeding, the cash deposit rate will continue to be the company 
specific rate published for the most recently completed segment of this 
proceeding; (3) if the exporter is not a firm covered in this review, a 
prior review, or the original investigation, but the manufacturer is, 
the cash deposit rate will be the rate established for the most 
recently completed segment of this proceeding for the manufacturer of 
the subject merchandise; and (4) the cash deposit rate for all other 
manufacturers or exporters will continue to be 29.93 percent, the all-
others rate established in the antidumping investigation.\13\ These 
cash deposit requirements, when imposed, shall remain in effect until 
further notice.
---------------------------------------------------------------------------

    \13\ See Large Power Transformers From the Republic of Korea: 
Antidumping Duty Order, 77 FR 53177 (August 31, 2012).
---------------------------------------------------------------------------

Notification to Importers Regarding the Reimbursement of Duties

    This notice also serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f) to file a certificate regarding 
the reimbursement of antidumping and/or countervailing duties prior to 
liquidation of the relevant entries during the POR. Failure to comply 
with this requirement could result in the Department's presumption that 
reimbursement of antidumping and/or countervailing duties occurred and 
the subsequent assessment of doubled antidumping duties.

Administrative Protective Order

    This notice also serves as a reminder to parties subject to 
administrative protective orders (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305(a)(3), which 
continues to govern business proprietary information in this segment of 
the proceeding. Timely written notification of the return/destruction 
of APO materials, or conversion to judicial protective order, is hereby 
requested. Failure to comply with the regulations and the terms of an 
APO is a sanctionable violation.
    We are issuing and publishing this notice in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213(h).

    Dated: March 23, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Final Issues and Decision Memorandum

I. Summary
II. List of Issues
III. Background
IV. Discussion of Interested Party Comments
    A. General Issues
    Comment 1: Whether the Department Treats Installation Expenses 
as Further Manufacturing Costs
    B. Hyosung-Specific Issues
    Comment 2: Discrepancies Between Hyosung's Net U.S. Price (as 
Calculated by the Department) and Reported Entered Values
    Comment 3: Hyosung Has Overstated Its Reported U.S. Prices and 
Understated/Omitted U.S. Expenses and Whether To Apply Adverse Facts 
Available (AFA)
    Comment 4: U.S. Commission Expenses
    Comment 5: U.S. Ocean Freight Expenses
    Comment 6: Installation Expenses
    Comment 7: The Department Erred in Conducting the Differential 
Pricing Analysis
    Comment 8: Consideration of an Alternative Comparison Method in 
an Administrative Review
    Comment 9: Denial of Offsets for Non-Dumped U.S. Sales When 
Using the A-To-T Comparison Method In Administrative Reviews
    Comment 10: Harbor Maintenance Fees
    Comment 11: Oil Expenses
    Comment 12: Exclusion of Certain U.S. Freight Expenses for a 
Particular U.S. Sales Transaction
    Comment 13: Calculation of Importer-Specific Assessment Rate
    Comment 14: Incomplete Further Manufacturing Cost Data
    C. Hyundai-Specific Issues
    Comment 15: Hyundai's U.S. Sales Data are Not Reliable or 
Verifiable Because of Certain Submissions and Should Not Be Used in 
the Final Results
    Comment 16: AFA With Respect to Comment 15 (Above).
    Comment 17: ``Overlapping'' Sales Between Investigation and This 
Review
    Comment 18: Alleged Underreported U.S. Movement and Selling 
Expenses
    Comment 19: Hyundai's Reporting of Home Market Sales
    Comment 20: Indirect Selling Expenses
    Comment 21: Section E Response Was Not Complete
    Comment 22: Whether Total AFA is Warranted Based On the Totality 
of Hyundai's Responses
V. Recommendation

[FR Doc. 2015-07382 Filed 3-30-15; 8:45 am]
BILLING CODE 3510-DS-P



                                                    17034                         Federal Register / Vol. 80, No. 61 / Tuesday, March 31, 2015 / Notices

                                                    21013, U.S. Department of Commerce,                     Marine Sanctuary in the Northwestern                  DEPARTMENT OF COMMERCE
                                                    1401 Constitution Avenue NW.,                           Hawaiian Islands. Since that time, the
                                                    Washington, DC 20230–0002, and in the                   area has been proclaimed a Marine                     International Trade Administration
                                                    ‘‘Reading Room’’ section of the FTZ                     National Monument and the main                        [A–580–867]
                                                    Board’s Web site, which is accessible                   messages we are trying to share with the
                                                    via www.trade.gov/ftz.                                  public have changed to better reflect the             Large Power Transformers From the
                                                       For further information, contact Pierre              new monument status, UNESCO World                     Republic of Korea: Final Results of
                                                    Duy at Pierre.Duy@trade.gov (202) 482–                  Heritage status and the joint                         Antidumping Duty Administrative
                                                    1378.                                                   management by the three co-trustees of                Review; 2012–2013
                                                      Dated: March 24, 2015.                                the Monument. We therefore are seeking
                                                                                                            to find out if people visiting our Center             AGENCY:   Enforcement and Compliance,
                                                    Andrew McGilvray,                                                                                             International Trade Administration,
                                                                                                            are receiving our new messages by
                                                    Executive Secretary.                                                                                          Department of Commerce.
                                                                                                            conducting an optional exit survey.
                                                    [FR Doc. 2015–07381 Filed 3–30–15; 8:45 am]                                                                   SUMMARY: On September 24, 2014, the
                                                    BILLING CODE 3510–DS–P                                  II. Method of Collection                              Department of Commerce (the
                                                                                                              Surveys will be conducted by in-                    Department) published the preliminary
                                                                                                            person interview as people exit the                   results of the administrative review of
                                                    DEPARTMENT OF COMMERCE                                  Center. Interviewers will record                      the antidumping duty order on large
                                                                                                            responses on paper, and later transfer                power transformers from the Republic of
                                                    National Oceanic and Atmospheric                                                                              Korea.1 The review covers five
                                                    Administration                                          them to an electronic database.
                                                                                                                                                                  producers/exporters of the subject
                                                                                                            III. Data                                             merchandise, Hyosung Corporation
                                                    Proposed Information Collection;
                                                                                                              OMB Control Number: 0648–0582.                      (Hyosung), Hyundai Heavy Industries
                                                    Comment Request;
                                                                                                              Form Number: None.                                  Co., Ltd. (Hyundai), ILJIN, ILJIN Electric
                                                    Papahanaumokuakea Marine National
                                                                                                              Type of Review: Regular submission                  Co., Ltd. (ILJIN Electric), and LSIS Co.,
                                                    Monument Mokupapapa Discovery
                                                                                                            (extension of a currently approved                    Ltd. (LSIS). ILJIN, ILJIN Electric, and
                                                    Center Exhibit Evaluation
                                                                                                            collection).                                          LSIS, were not selected for individual
                                                    AGENCY: National Oceanic and                              Affected Public: Individuals or                     examination. The period of review
                                                    Atmospheric Administration (NOAA),                      households.                                           (POR) is February 16, 2012, through July
                                                    Commerce.                                                 Estimated Number of Respondents:                    31, 2013. As a result of our analysis of
                                                    ACTION: Notice.                                         250.                                                  the comments and information received,
                                                                                                              Estimated Time Per Response: 7                      these final results differ from the
                                                    SUMMARY:    The Department of                           minutes.                                              Preliminary Results. For the final
                                                    Commerce, as part of its continuing                       Estimated Total Annual Burden                       weighted-average dumping margins, see
                                                    effort to reduce paperwork and                          Hours: 29.                                            the ‘‘Final Results of Review’’ section
                                                    respondent burden, invites the general                    Estimated Total Annual Cost to                      below.
                                                    public and other Federal agencies to                    Public: $0 in recordkeeping/reporting                 DATES: Effective March 31, 2015.
                                                    take this opportunity to comment on                     costs.                                                FOR FURTHER INFORMATION CONTACT:
                                                    proposed and/or continuing information                                                                        Brian Davis (Hyosung) or David Cordell
                                                                                                            IV. Request for Comments
                                                    collections, as required by the                                                                               (Hyundai), AD/CVD Operations, Office
                                                    Paperwork Reduction Act of 1995.                           Comments are invited on: (a) whether               VI, Enforcement and Compliance,
                                                    DATES: Written comments must be                         the proposed collection of information                International Trade Administration,
                                                    submitted on or before June 1, 2015.                    is necessary for the proper performance               U.S. Department of Commerce, 14th
                                                    ADDRESSES: Direct all written comments
                                                                                                            of the functions of the agency, including             Street and Constitution Avenue NW.,
                                                    to Jennifer Jessup, Departmental                        whether the information shall have                    Washington, DC 20230; telephone: (202)
                                                    Paperwork Clearance Officer,                            practical utility; (b) the accuracy of the            482–7924 or (202) 482–0408,
                                                    Department of Commerce, Room 6616,                      agency’s estimate of the burden                       respectively.
                                                    14th and Constitution Avenue NW.,                       (including hours and cost) of the
                                                                                                            proposed collection of information; (c)               SUPPLEMENTARY INFORMATION:
                                                    Washington, DC 20230 (or via the
                                                    Internet at JJessup@doc.gov).                           ways to enhance the quality, utility, and             Background
                                                                                                            clarity of the information to be
                                                    FOR FURTHER INFORMATION CONTACT:                                                                                 On September 24, 2014, the
                                                                                                            collected; and (d) ways to minimize the
                                                    Requests for additional information or                  burden of the collection of information               Department published the Preliminary
                                                    copies of the information collection                    on respondents, including through the                 Results. In accordance with 19 CFR
                                                    instrument and instructions should be                   use of automated collection techniques                351.309(c)(1)(ii), we invited parties to
                                                    directed to Andy Collins, at (808) 694–                 or other forms of information                         comment on our Preliminary Results.2
                                                    3922 or Andy.Collins@noaa.gov.                          technology.                                           On October 15, 2014, the Department
                                                    SUPPLEMENTARY INFORMATION:                                 Comments submitted in response to                  issued a post-preliminary supplemental
                                                                                                            this notice will be summarized and/or                 questionnaire, to which Hyundai
                                                    I. Abstract
                                                                                                            included in the request for OMB
                                                      This request is for extension of a                                                                            1 See Large Power Transformers From the
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                                                                            approval of this information collection;              Republic of Korea: Preliminary Results of
                                                    currently approved information                          they also will become a matter of public              Antidumping Duty Administrative Review; 2012–
                                                    collection. Mokupapapa Discovery                        record.                                               2013, 79 FR 57046 (September 24, 2014)
                                                    Center (Center) is an outreach arm of                                                                         (Preliminary Results).
                                                    Papahanaumokuakea Marine National                         Dated: March 26, 2015.                                2 The Department issued the briefing schedule in

                                                    Monument that reaches 60,000 people                     Sarah Brabson,                                        a Memorandum to the File, dated November 3,
                                                                                                            NOAA PRA Clearance Officer.                           2014. This briefing schedule was later extended at
                                                    each year in Hilo, Hawai‘i. The Center                                                                        the request of interested parties to December 19,
                                                    was created eight years ago to help raise               [FR Doc. 2015–07290 Filed 3–30–15; 8:45 am]           2014 for briefs and January 9, 2015 for rebuttal
                                                    support for the creation of a National                  BILLING CODE 3510–NK–P                                briefs on all issues, except one.



                                               VerDate Sep<11>2014   18:32 Mar 30, 2015   Jkt 235001   PO 00000   Frm 00010   Fmt 4703   Sfmt 4703   E:\FR\FM\31MRN1.SGM   31MRN1


                                                                                    Federal Register / Vol. 80, No. 61 / Tuesday, March 31, 2015 / Notices                                                                  17035

                                                    responded on November 3 and 12, 2014,                     Department of Commerce building. In                      for the period February 16, 2012,
                                                    and December 2, 2014. On December 19,                     addition, a complete version of the                      through July 31, 2013, are as follows:
                                                    2014, Hyosung and ABB Inc. (Petitioner)                   Issues and Decision Memorandum can
                                                    timely submitted case briefs.3 Rebuttal                   be accessed directly on the Internet at                                                                      Weighted-
                                                    briefs were also timely filed by                          http://enforcement.ita.doc.gov/frn/                                                                           average
                                                                                                                                                                               Manufacturer/exporter                         margin
                                                    Hyosung, Hyundai, and Petitioner, on                      index.html. The signed Issues and                                                                            (percent)
                                                    January 9, 2015.4 On January 20, 2015,                    Decision Memorandum and the
                                                    the Department issued a memorandum                        electronic version of the Issues and                     Hyosung Corporation ..................                   6.43
                                                    extending the time period for issuing                     Decision Memorandum are identical in                     Hyundai Heavy Industries Co.,
                                                    the final results of this administrative                  content.                                                   Ltd. ..........................................        9.53
                                                    review from January 22, 2015 to March                                                                              ILJIN Electric Co., Ltd. ...............                 8.16
                                                    16, 2015. On March 6, 2015, the                           Changes Since the Preliminary Results                    ILJIN ...........................................        8.16
                                                                                                                                                                       LSIS Co., Ltd. .............................             8.16
                                                    Department further extended the final                       Based on a review of the record and
                                                    results to March 23, 2015.5                               comments received from interested
                                                                                                              parties regarding our Preliminary                        Duty Assessment
                                                    Scope of the Order                                                                                                    The Department shall determine and
                                                                                                              Results, we recalculated Hyosung’s and
                                                       The scope of this order covers large                   Hyundai’s weighted-average dumping                       U.S. Customs and Border Protection
                                                    liquid dielectric power transformers                      margins for these final results.                         (CBP) shall assess antidumping duties
                                                    (LPTs) having a top power handling                          For Hyosung, we revised our margin                     on all appropriate entries.11 For any
                                                    capacity greater than or equal to 60,000                  program by adjusting Hyosung’s                           individually examined respondents
                                                    kilovolt amperes (60 megavolt amperes),                   reported U.S. duty expenses for certain                  whose weighted-average dumping
                                                    whether assembled or unassembled,                         sales transactions. We are also including                margin is above de minimis, we
                                                    complete or incomplete. The                               U.S. freight expenses that were                          calculated importer-specific ad valorem
                                                    merchandise subject to the order is                       excluded in the Preliminary Results and                  duty assessment rates based on the ratio
                                                    currently classified in the Harmonized                    including the entered value of a unit                    of the total amount of dumping
                                                    Tariff Schedule of the United States at                   that entered the United States during                    calculated for the importer’s examined
                                                    subheadings 8504.23.0040,                                 the POR in our calculation of the                        sales to the total entered value of those
                                                    8504.23.0080 and 8504.90.9540.6                           assessment rates for entries of LPTs                     same sales in accordance with 19 CFR
                                                    Analysis of Comments Received                             during the POR.8                                         351.212(b)(1). Upon issuance of the final
                                                                                                                We made some changes to our                            results of this administrative review, if
                                                       All issues raised in the case and                                                                               any importer-specific assessment rates
                                                                                                              calculation programs for Hyundai with
                                                    rebuttal briefs by parties to this                                                                                 calculated in the final results are above
                                                                                                              respect to oil and certain other
                                                    administrative review are addressed in                                                                             de minimis (i.e., at or above 0.5 percent),
                                                                                                              expenses. We also used the latest
                                                    the Issues and Decision Memorandum.7                                                                               the Department will issue instructions
                                                                                                              revised databases for U.S. sales and the
                                                    A list of the issues that parties raised                                                                           directly to CBP to assess antidumping
                                                                                                              Cost of Production based on post-
                                                    and to which we responded is attached                                                                              duties on appropriate entries.
                                                                                                              preliminary questionnaires and
                                                    to this notice as an Appendix. The                                                                                    To determine whether the duty
                                                                                                              responses.9
                                                    Issues and Decision Memorandum is a                                                                                assessment rates covering the period
                                                                                                                As a result of the aforementioned
                                                    public document and is on-file                                                                                     were de minimis, in accordance with
                                                                                                              recalculations of Hyosung’s and
                                                    electronically via ACCESS. ACCESS is                                                                               the requirement set forth in 19 CFR
                                                    available to registered users at http://                  Hyundai’s weighted-average dumping
                                                                                                              margins, the weighted-average dumping                    351.106(c)(2), for each respondent we
                                                    access.trade.gov and in the Central                                                                                calculated importer (or customer)-
                                                    Records Unit, Room 7046 of the main                       margin for the three non-selected
                                                                                                              companies also changed.                                  specific ad valorem rates by aggregating
                                                                                                                                                                       the amount of dumping calculated for
                                                      3 See Brief from Petitioner regarding Hyundai,
                                                                                                              Final Results of the Review                              all U.S. sales to that importer or
                                                    (Petitioner Brief Hyundai), Brief from Petitioner
                                                    regarding Hyosung (Petitioner Brief Hyosung) and            As a result of this review, the                        customer and dividing this amount by
                                                    Hyosung Brief, all dated December 19, 2014.               Department determines the following                      the total entered value of the sales to
                                                      4 See Hyosung Rebuttal Brief, Hyundai Rebuttal
                                                                                                              weighted-average dumping margins 10                      that importer (or customer). Where an
                                                    Brief and Petitioner Rebuttal Brief: All dated
                                                    January 9, 2015. Petitioner requested an extension
                                                                                                                                                                       importer (or customer)-specific ad
                                                    for rebuttal briefs to January 9, 2015 which the             8 See Memorandum from Brian Davis to the File,        valorem rate is greater than de minimis,
                                                    Department granted for all parties on December 8,         regarding ‘‘Analysis of Data Submitted by Hyosung        and the respondent has reported reliable
                                                    2014. See Letter to All Interested Parties dated          Corporation in the Final Results of the
                                                                                                              Administrative Review of the Antidumping Duty
                                                                                                                                                                       entered values, we apply the assessment
                                                    December 8, 2014. Petitioner also requested a
                                                    further extension for submission of the initial briefs,   Order on Large Power Transformers from the               rate to the entered value of the
                                                    which the Department denied in its letter to all          Republic of Korea; 2012–2013’’ (Hyosung Final            importer’s/customer’s entries during the
                                                    parties dated December 17, 2014, with the                 Analysis Memorandum), dated March 23, 2014, at           review period.
                                                    exception of one issue.                                   section ‘‘Changes from the Preliminary Results,’’ for       The Department clarified its
                                                      5 See Memoranda to the file dated January 20,           further information.
                                                    2015 and March 6, 2015.                                      9 See Memorandum from David Cordell to the            ‘‘automatic assessment’’ regulation on
                                                      6 For a full description of the scope of the order,     File, regarding ‘‘Analysis of Data Submitted by
                                                    see the Memorandum from Gary Taverman,                    Hyundai Heavy Industries Co., Ltd. in the Final          See Memorandum to the File titled, ‘‘Large Power
                                                    Associate Deputy Assistant Secretary for                  Results of the Administrative Review of the              Transformers from the Republic of Korea: Final
                                                                                                              Antidumping Duty Order on Large Power                    Dumping Margin for Respondents Not Selected for
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                    Antidumping and Countervailing Duty Operations,
                                                    to Paul Piquado, Assistant Secretary for                  Transformers from the Republic of Korea; 2012–           Individual Examination,’’ through Angelica
                                                    Enforcement and Compliance, titled ‘‘Issues and           2013’’ (Hyundai Final Analysis Memorandum),              Townshend, Program Manager, dated concurrently
                                                    Decision Memorandum for the Final Results of the          dated March 23, 2014, at section ‘‘Changes from the      with this notice.
                                                    Administrative Review of the Antidumping Duty             Preliminary Results,’’ for further information.            11 In these final results, the Department applied

                                                    Order on Large Power Transformers from the                   10 The rate applied to the non-selected companies     the assessment rate calculation method adopted in
                                                    Republic of Korea; 2012–2013’’ (Issues and Decision       (i.e., ILJIN, ILJIN Electric, and LSIS) is a weighted-   Antidumping Proceedings: Calculation of the
                                                    Memorandum), which is issued concurrent with              average percentage margin calculated based on the        Weighted-Average Dumping Margin and
                                                    and hereby adopted by this notice, and dated              publicly-ranged U.S. volumes of the two reviewed         Assessment Rate in Certain Antidumping
                                                    concurrently with this notice.                            companies with an affirmative dumping margin, for        Proceedings: Final Modification, 77 FR 8101
                                                      7 Id.                                                   the period February 16, 2012, through July 31, 2013.     (February 14, 2012).



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                                                    17036                         Federal Register / Vol. 80, No. 61 / Tuesday, March 31, 2015 / Notices

                                                    May 6, 2003.12 This clarification will                  during the POR. Failure to comply with                  Comment 13: Calculation of Importer-
                                                    apply to entries of subject merchandise                 this requirement could result in the                      Specific Assessment Rate
                                                    during the POR produced by the                          Department’s presumption that                           Comment 14: Incomplete Further
                                                                                                                                                                      Manufacturing Cost Data
                                                    respondent for which it did not know its                reimbursement of antidumping and/or                     C. Hyundai-Specific Issues
                                                    merchandise was destined for the                        countervailing duties occurred and the                  Comment 15: Hyundai’s U.S. Sales Data are
                                                    United States. In such instances, we will               subsequent assessment of doubled                          Not Reliable or Verifiable Because of
                                                    instruct CBP to liquidate unreviewed                    antidumping duties.                                       Certain Submissions and Should Not Be
                                                    entries at the all-others rate if there is no                                                                     Used in the Final Results
                                                    rate for the intermediate company(ies)                  Administrative Protective Order                         Comment 16: AFA With Respect to
                                                    involved in the transaction. For a full                   This notice also serves as a reminder                   Comment 15 (Above).
                                                    discussion of this clarification, see the               to parties subject to administrative                    Comment 17: ‘‘Overlapping’’ Sales
                                                    Automatic Assessment Clarification.                     protective orders (APO) of their                          Between Investigation and This Review
                                                       We intend to issue assessment                        responsibility concerning the return or                 Comment 18: Alleged Underreported U.S.
                                                                                                                                                                      Movement and Selling Expenses
                                                    instructions directly to CBP 15 days                    destruction of proprietary information
                                                                                                                                                                    Comment 19: Hyundai’s Reporting of
                                                    after publication of the final results of               disclosed under APO in accordance                         Home Market Sales
                                                    this review.                                            with 19 CFR 351.305(a)(3), which                        Comment 20: Indirect Selling Expenses
                                                                                                            continues to govern business                            Comment 21: Section E Response Was Not
                                                    Cash Deposit Requirements
                                                                                                            proprietary information in this segment                   Complete
                                                       The following cash deposit                           of the proceeding. Timely written                       Comment 22: Whether Total AFA is
                                                    requirements will be effective upon                     notification of the return/destruction of                 Warranted Based On the Totality of
                                                    publication of this notice for all                      APO materials, or conversion to judicial                  Hyundai’s Responses
                                                    shipments of subject merchandise                        protective order, is hereby requested.                V. Recommendation
                                                    entered, or withdrawn from warehouse,                   Failure to comply with the regulations                [FR Doc. 2015–07382 Filed 3–30–15; 8:45 am]
                                                    for consumption on or after the                         and the terms of an APO is a                          BILLING CODE 3510–DS–P
                                                    publication of these final results, as                  sanctionable violation.
                                                    provided by section 751(a)(2) of the Act:                 We are issuing and publishing this
                                                    (1) The cash deposit rate for                           notice in accordance with sections                    COMMODITY FUTURES TRADING
                                                    respondents noted above will be the rate                751(a)(1) and 777(i)(1) of the Act and 19             COMMISSION
                                                    established in the final results of this                CFR 351.213(h).
                                                    administrative review; (2) for                                                                                Agency Information Collection
                                                                                                              Dated: March 23, 2015.
                                                    merchandise exported by manufacturers                                                                         Activities Under OMB Review
                                                                                                            Paul Piquado,
                                                    or exporters not covered in this
                                                    administrative review but covered in a                  Assistant Secretary for Enforcement and               AGENCY: Commodity Futures Trading
                                                                                                            Compliance.                                           Commission.
                                                    prior segment of the proceeding, the
                                                    cash deposit rate will continue to be the               Appendix                                              ACTION: Notice.
                                                    company specific rate published for the                 List of Topics Discussed in the Final Issues          SUMMARY:   In compliance with the
                                                    most recently completed segment of this                 and Decision Memorandum                               Paperwork Reduction Act of 1995
                                                    proceeding; (3) if the exporter is not a                                                                      (PRA), this notice announces that the
                                                                                                            I. Summary
                                                    firm covered in this review, a prior                    II. List of Issues                                    Information Collection Request (ICR)
                                                    review, or the original investigation, but              III. Background                                       abstracted below has been forwarded to
                                                    the manufacturer is, the cash deposit                   IV. Discussion of Interested Party Comments           the Office of Management and Budget
                                                    rate will be the rate established for the                  A. General Issues
                                                                                                                                                                  (OMB) for review and comment. The
                                                    most recently completed segment of this                    Comment 1: Whether the Department
                                                                                                                  Treats Installation Expenses as Further         ICR describes the nature of the
                                                    proceeding for the manufacturer of the                                                                        information collection and its expected
                                                    subject merchandise; and (4) the cash                         Manufacturing Costs
                                                                                                               B. Hyosung-Specific Issues                         costs and burden.
                                                    deposit rate for all other manufacturers                   Comment 2: Discrepancies Between                   DATES: Comments must be submitted on
                                                    or exporters will continue to be 29.93                        Hyosung’s Net U.S. Price (as Calculated         or before April 30, 2015.
                                                    percent, the all-others rate established                      by the Department) and Reported
                                                    in the antidumping investigation.13                                                                           ADDRESSES: Comments regarding the
                                                                                                                  Entered Values
                                                    These cash deposit requirements, when                      Comment 3: Hyosung Has Overstated Its              burden estimated or any other aspect of
                                                    imposed, shall remain in effect until                         Reported U.S. Prices and Understated/           the information collection, including
                                                    further notice.                                               Omitted U.S. Expenses and Whether To            suggestions for reducing the burden,
                                                                                                                  Apply Adverse Facts Available (AFA)             may be submitted directly to OMB
                                                    Notification to Importers Regarding the                    Comment 4: U.S. Commission Expenses                within 30 days of the notice’s
                                                    Reimbursement of Duties                                    Comment 5: U.S. Ocean Freight Expenses             publication by email at
                                                                                                               Comment 6: Installation Expenses                   OIRAsubmissions@omb.eop.gov. Please
                                                       This notice also serves as a final                      Comment 7: The Department Erred in
                                                    reminder to importers of their                                Conducting the Differential Pricing
                                                                                                                                                                  identify the comments by OMB Control
                                                    responsibility under 19 CFR 351.402(f)                        Analysis                                        No. 3038–0069. Please provide the
                                                    to file a certificate regarding the                        Comment 8: Consideration of an                     Commission with a copy of all
                                                    reimbursement of antidumping and/or                           Alternative Comparison Method in an             submitted comments at the address
                                                                                                                  Administrative Review                           listed below. Please refer to OMB
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                    countervailing duties prior to
                                                    liquidation of the relevant entries                        Comment 9: Denial of Offsets for Non-              Reference No. 3038–0069, found on
                                                                                                                  Dumped U.S. Sales When Using the A-             http://reginfo.gov. Comments may also
                                                      12 See Antidumping and Countervailing Duty
                                                                                                                  To-T Comparison Method In                       be mailed to the Office of Information
                                                                                                                  Administrative Reviews
                                                    Proceedings: Assessment of Antidumping Duties, 68
                                                                                                               Comment 10: Harbor Maintenance Fees
                                                                                                                                                                  and Regulatory Affairs, Office of
                                                    FR 23954 (May 6, 2003) (Automatic Assessment                                                                  Management and Budget, Attention:
                                                    Clarification).                                            Comment 11: Oil Expenses
                                                      13 See Large Power Transformers From the                 Comment 12: Exclusion of Certain U.S.              Desk Officer for the Commodity Futures
                                                    Republic of Korea: Antidumping Duty Order, 77 FR              Freight Expenses for a Particular U.S.          Trading Commission, 725 17th Street
                                                    53177 (August 31, 2012).                                      Sales Transaction                               NW., Washington, DC 20503, and to


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Document Created: 2015-12-18 11:48:37
Document Modified: 2015-12-18 11:48:37
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
DatesEffective March 31, 2015.
ContactBrian Davis (Hyosung) or David Cordell (Hyundai), AD/CVD Operations, Office VI, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-7924 or (202) 482-0408, respectively.
FR Citation80 FR 17034 

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